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HomeMy WebLinkAbout2024-09-19 Merit Appeals Board MinutesREGULAR SESSION Merit Appeals Board Hilo Council Chambers Hawaii County Building 25 Aupuni Street, First Floor, Room 1401 Hilo, Hawaii September 19, 2024 (Thursday) Call to Order (Item 1) The regular meeting of the Merit Appeals Board, County of Hawaii, was called to order at 9:04 a.m. by Chair Gabriella M. Cabanas, at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, Hawaii, on Thursday, September 19, 2024. Roll Call — Present Ms. Gabriella M. Cabanas, Chair Ms. Gay Mathews, Vice -Chair Ms. Suzi Bond, Member Mr. David A. Wiseman, Member (via Zoom) Absent and Excused Mr. Charles Kunz, Member Also Present Mr. J Yoshimoto, Assistant Corporation Counsel, Office of the Corporation Counsel Ms. Sommer J. Tokihiro, Director, Human Resources Department Mr. Justin C. Lee, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Sherilyn K. Tavares, Deputy Corporation Counsel, Office of the Corporation Counsel Ms. Alika Kost, Human Resources Program Specialist, Human Resources Department Mr. Ted H. S. Hong, Esquire, Attorney at Law Mr. Lyndon P. K. Turner, Automotive Storekeeper, Public Works Department Ms. Glynis Yamada, Secretary -Reporter, Human Resources Department Merit Appeals Board September 19, 2024 Call to Order (Item 1) CHR. CABANAS: So, the regular meeting of the Merit Appeals Board is called to order at 9:04 a.m. We have quorum today with four Board members present. I'm Gabriella Cabanas, Chair, of the Merit Appeals Board. With me, here, in the Hilo Council Chambers at the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, are Ms. Gay Mathews to my left. MS. MATHEWS: Good morning. CHR. CABANAS: Good morning. And to my far right, Ms. Suzi Bond. MS. BOND: Good morning. CHR. CABANAS: Good morning. And appearing via Zoom from Kailua-Kona, Mr. David Wiseman. MR. WISEMAN: Good morning. CHR. CABANAS: Good morning. And our Legal Counsel from the Attorney General's Office, Deputy Attorney General, Mr. James Halvorson, appearing via Zoom. And to my immediate right, our other Legal Counsel for the meeting is Mr. J Yoshimoto, Assistant Corporation Counsel. MR. YOSHIMOTO: Good morning, everyone. CHR. CABANAS: And in the back of our Board is Glynis Yamada, our Secretary -Reporter. MS. YAMADA: Good morning. CHR. CABANAS: Good morning. And then, seated in the gallery are the following individuals —Mr. Turner, Mr. Ted Hong, Mr. Justin Lee, Ms. Sherilyn Tavares, and our Director of Human Resources, Ms. Sommer Tokihiro—and I don't see anyone else. Okay, our fifth Board member is absent and excused today, and that's Mr. Charlie Kunz. Addendum to Agenda (Item 2) CHR. CABANAS: Looking at the agenda, there is no addendum. Statements from the Public (Item 3) CHR. CABANAS: And no "Statements from the Public." Page 2 Merit Appeals Board September 19, 2024 9:00 A.M.: HEARING RE COMMUNICATION NO. 24-03: (Note: At Its Meeting Held On August 28, 2024, The Merit Appeals Board (MAB) Voted To Hold This Matter In Abeyance And Refer It To The Hawaii Labor Relations Board (NLRB) For Their Decision Concerning Whether MAB Has Jurisdiction To Hear This Appeal. If HLRB Does Not Render Its Decision By September 19, 2024, The Appeal Hearing Will Be Postponed To A Future Date, Pending The Receipt Of Their Decision. Should HLRB Determine That MAB Has Jurisdiction, The Hearing Will Proceed Concerning The Merits Of The Appeal; However, If MAB Does Not Have Jurisdiction, The Appeal Will Be Dismissed.) Communication No. 24-03, Received On May 1, 2024, From Appellant, Appealing The Following Actions By The County Of Hawai`i's Department Of Human Resources: Recruitment And Examination, And Classification Or Reclassification Of A Particular Position; And Communication No. 24-03.01, Received On June 10, 2024, Regarding Appellee's Motion To Dismiss For Lack Of Jurisdiction, Or In The Alternative, Hold Proceedings In Abeyance; Memorandum In Support Of Motion; Declaration Of Sommer Tokihiro; Declaration Of Justin C. Lee; Exhibits "A" - "V"; Certificate Of Service; And Communication No. 24-03.02, Received On June 10, 2024, Regarding Appellee's Witness List; Certificate Of Service; And Communication No. 24-03.03, Received On June 10, 2024, Regarding Appellee's Exhibit List; Exhibits "A" - "V"; Certificate Of Service; And Communication No. 24-03.04, Received On July 9, 2024, Regarding Appellant's Notice Of Appearance Of Counsel; Certificate Of Service; And Communication No. 24-03.05, Received On July 10, 2024, Regarding Appellant's Memorandum In Opposition To Appellee's Motion To Dismiss For Lack Of Jurisdiction, Or In The Alternative, Hold Proceedings In Abeyance, Dated June 10, 2024; Exhibits "l"; Declaration Of Appellant; Certificate Of Service; And Communication No. 24-03.06, Received On July 11, 2024, Regarding Appellant's First Amended Declaration Of Appellant In Support Of Appellant's Memorandum In Opposition To Appellee's Motion To Dismiss For Lack Of Jurisdiction, Or In The Alternative, Hold Proceedings In Abeyance Dated June 10, 2024, Dated July 10, 2024; Certificate Of Service; And Communication No. 24-03.07, Received On July 11, 2024, Regarding Appellee's Reply In Support Of Appellee's Motion To Dismiss For Lack Of Jurisdiction, Or In The Alternative, Hold Proceedings In Abeyance; Certificate Of Service (Note: The Above Matters Were Listed On The Agenda Or Presented At The Merit Appeals Board Meeting Held On July 15, 2024. The Merit Appeals Board Denied The Appellee's Motion To Dismiss For Lack Of Jurisdiction As Well As Its Motion To Hold The Proceedings In Abeyance); And Communication No. 24-03.08, Received On July 25, 2024, Regarding Appellee's First Supplemental Exhibit List; Exhibit "W"; Certificate Of Service; And Communication No. 24-03.09, Received On July 25, 2024, Regarding Appellee's Pre -Hearing Brief; Certificate Of Service; And Communication No. 24-03.10, Received On July 25, 2024, Regarding Appellee's Notice Of Filing Petition For Declaratory Ruling With The Hawaii Labor Relations Board; Exhibit "A"; Certificate Of Service; And Page 3 Merit Appeals Board September 19, 2024 Communication No. 24-03.11, Received On July 30, 2024, Regarding Appellant's Application For Issuance Of Subpoenas; Declaration Of Ted H. S. Hong; Exhibits "A" — "C"; Certificate Of Service; And Communication No. 24-03.12, Received On August 8, 2024, Regarding Appellee's Motion To Continue; Memorandum In Support Of Motion; Declaration Of Justin C. Lee; Exhibits "A" — `B"; Certificate Of Service; And Communication No. 24-03.13, Received On August 14, 2024, Regarding Appellant's Witness List; Certificate Of Service; And Communication No. 24-03.14, Received On August 14, 2024, Regarding Appellant's Exhibit List; Certificate Of Service; And Communication No. 24-03.15, Received On August 15, 2024, Regarding Appellant's Return Of Service Signed Applications For Issuance Of Subpoena's (Reference Communication No. 24-03.11) (Note: The Above Matters Were Listed On The Agenda At The Merit Appeals Board Meeting Held On August 28, 2024). Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matter, Pursuant To HRS Sections 92-4, 92-5(a)(2) And 92-5(a)(4), For The Purpose Of Evaluating An Officer Or Employee Of The County Of Hawaii, Where The Consideration Of Matters Affecting Privacy Will Be Involved And Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Of The Members Present Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting CHR. CABANAS: We are now calling our 9:00 hearing regarding Communication number 24-03so if you can bear with me, I have quite a bit of communications to read, for the record. At its meeting held on August 28, 2024, the Merit Appeals Board voted to hold this matter in abeyance and refer it to the Hawaii Labor Relations Board, known as H-L-R-B"HLRB"—for their decision concerning whether MAB has jurisdiction to hear this appeal. If HLRB does not render its decision by September 19, 2024—which is today the appeal hearing will be postponed to a future date pending the receipt of their decision. Should HLRB determine that MAB has jurisdiction, the hearing will proceed concerning the merits of the appeal. However, if MAB does not have jurisdiction, the appeal will be dismissed. And as of this date and time, do —did we receive a decision from HLRB? No written decision has been received. MS. BOND: Jim, you're muted. CHR CABANAS: Jim, your mic. is muted. Were you trying to say something? MR. HALVORSON: Yeah, I wanted to say that as the Deputy AG, I want to confirm that we have not received a decision from Hawaii Labor Relations Board. Page 4 Merit Appeals Board September 19, 2024 CHR. CABANAS: Okay, thank you very much. So, I'm going to read the following communications at this time. Communication yes, Mr. Wiseman, did you press your mic.? MR. WISEMAN: No, I didn't say anything. CHR. CABANAS: Oh, okay. MR. WISEMAN: Yeah, all good. (At this time, Chair Cabanas, proceeded to read into the record, Communication numbers 24-03 through 24-03.15.) CHR. CABANAS: At this time may I have a motion from the Board to receive and file all the communications that I have just read. MS. MATHEWS: So moved. CHR. CABANAS: Second? MR. WISEMAN: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote to accept these communications into our files, starting with Ms. Gay Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas —aye. Four eyes. Motion carried. At this time, because we have not received HLRB's decision on this matter pertaining to Mr. Turner, we will have to postpone the hearing. Mr. Lee and Mr. Hong, do you —can you come up to the dais, please? Mr. Turner, you can come up with Mr. Hong. Ms. Tokihiro, can you come up to sit by Mr. Lee? Page 5 Merit Appeals Board September 19, 2024 (At this time, Mr. Justin C. Lee, Deputy Corporation Counsel, Office of the Corporation Counsel and Ms. Sommer J. Tokihiro, Director, Human Resources Department; and Mr. Lyndon P. K. Turner, Automotive Storekeeper, Public Works Department (Appellant) and Mr. Ted H. S. Hong, Legal Counsel for Mr. Turner, came forward.) CHR. CABANAS: So, at this time I'm going to have —Mr. Lee, I'll have you go first. Do you have any comments to make at this time to the Board? MR. LEE: No, no comments. I do have certain dates, I'm not available but —no. Thank you. CHR. CABANAS: Okay. Mr. Hong? MR. HONG: Thank you, Madam Chair, members of the Board. The County actually —let me rephrase that. The Hawaii Labor Relations Board actually dismissed the County's petition for declaratory ruling. So, essentially, the not essentially but the Merit Appeals Board does have jurisdiction. And, I guess, it's just a matter of scheduling and waiting for the written order, but —so, we were —we're prepared to proceed, and we do have some dates where I'm not available also. Thank you. CHR. CABANAS: Okay. Thank you, Mr. Hong. Mr. Halvorson MR. HALVORSON: Well, my understanding is Mr. Hong is going to be out of town for the next, I believe —month? CHR. CABANAS: Correct. MR. HALVORSON: So, hopefully, we'll get some decision by Hawaii Labor Relations Board. I'm not aware of an HLRB dismissal of anything. I haven't received it. So, we'll look into that. Once we get a decision from Hawaii Labor Relations Board, we can set another hearing but it needs to be done after Mr. Hong is back in town. CHR. CABANAS: Okay. Mr. Wiseman, did you have any comments? MR. WISEMAN: No, I think we need the written decision so we can see what it's about, and - but in view of the potential dismissal that Mr. Hong stated —we should, perhaps, prepare some schedule in the future for the hearing. CHR. CABANAS: Yes, I agree as the Chair, because we have other appeals that are being scheduled and I'm sorry that it's taking this long, Mr. Turner and Mr. Hong, and Mr. Lee because you're just waiting —we're all waiting for the decision and order, which is the right thing to do. We need it for it to be formal for the Board. So, at this time, we can try to schedule Mr. Turner's appeal and if you can all look at your dates —and I know Mr. Hong will be away —and then Mr. Lee, now, has some dates of Page 6 Merit Appeals Board September 19, 2024 unavailability. So, yes —and also the dates we choose —or the date we choose, is contingent upon the availability of this room, which is heavily used. So, we'll wait for Glynis to get the calendar. But, in the meantime, what dates are you not available, Mr. Lee? MR. LEE: I'm not sure when Mr. Hong's out but I'm not available on October 30''. And, if at all possible, Mondays and Wednesdays work best for me but it's not a priority, I'll be available other days also. So, just throw that out there. MR. HALVORSON: I'm sorry, I can't hear, Counsel. CHR. CABANAS: Okay, can you speak up a littlecloser to the mic., Mr. Lee? MR. LEE: Sure. I'm not available on October 30'h and it's not a high priority, but it would be my request, if at all possible, for either Monday or Wednesdays. CHR. CABANAS: Okay, acknowledged. Mr. Hong, you return from your trip when? MR. HONG: I am back in the office on October 21 ", but I start a weeklong arbitration in Kona on the 28' and it'll go —it's scheduled to go the entire week of the 28 h through November 1". MR. WISEMAN: Madam Chair? CHR. CABANAS: Yes, Mr. Wiseman? MR. WISEMAN: I think I made it —announced before but I'll be gone the —from October 7 h through November 10—we're going on acelebrating our 50'', so —and then I'll be gone on November 28 h. So, anytime, for me, it's between November 10h and the 28 h of November. CHR. CABANAS: Anyone else? MS. MATHEWS: I also will be absent —this is Gay —from October 14'h through the 28hthat could be extended by a of couple of days. CHR. CABANAS: Okay. So, we're looking at November 12'', 14, and the 26 the 26 is our regular meeting date. You can't do the 14''? Okay November 12'h or 209 MS. MATHEWS: Twenty-sixthI can't do the 12''. CHR. CABANAS: I mean, there are dates in October —but the room is available but certain individuals are not. So, that takes us to November that's a long haul but then we're still waiting for the HLRB's decision anyway. Page 7 Merit Appeals Board September 19, 2024 So, November 26 h everybody's shaking their head Mr. Hong, Mr. Lee that is a Tuesday, it's not a preferred date for you, Mr. Lee. MR. LEE: That's fine. CHR. CABANAS: Okay. Mr. Hong? MR. HONG: November 26 h is fine, also. Thank you. CHR. CABANAS: Okay. So, what time should we meet, Board members-9? MS. MATHEWS: Nine. CHR. CABANAS: Nine? Okay, 99 it is. Mr. Wiseman, 9? MR. WISEMAN: Yes, that's fine for me. CHR. CABANAS: Okay, Mr. Halvorson-9? MR. HALVORSON: Yes, that's fine with me. CHR. CABANAS: Okay. Yeah, so November 26 h, 9 a.m., will be the hearing for Mr. Turner 9 a.m., November 26. And while we are preparing for the November 26 h hearing, Mr. Halvorson, can you check again with HLRB, if that decision and order — MR. HALVORSON: Yes, I will follow-up. CHR. CABANAS: yeah, can be expedited? Okay. Thank you very much. So, any questions or comments, Mr. Hong? Mr. Lee? MR. HONG: No. Thank you. MR. LEE: No. Thank you. CHR. CABANAS: Okay. Thank you very much for your understanding and your cooperation. I'm going to ask the Board because Mr. Hong has another client that he's representing, who has filed an appeal to the Merit Appeals Board —Board members, is it okay if we take it out of order from the agenda? MS. MATHEWS: Yes. Do you want that as a motion? CHR. CABANAS: Yes, please. MS. MATHEWS: So moved. Page 8 Merit Appeals Board September 19, 2024 CHR. CABANAS: Thank you, Ms. Mathews. MS. BOND: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Yes. CHR. CABANAS: Ms. Cabanas —aye. Four ayes. Motion carried. Communication No. 24-14: Received On September 12, 2024, From Mr. Ted H. S. Hong, Esquire, On Behalf Of Appellant, Appealing The Following Action By The County Of Hawai`i's Fire Department: Recruitment And Examination (Board Action Required. Settinz A Hearinz Date And Deadlines For Submittal Of Documents) CHR. CABANAS: So, Mr. Hong, we have Communication number 24-14, received on September 12'—and, of course, Ms. Tavares is from the Office of the Corporation Counsel approaching the dais, representing the County Fire Department. (At this time, Ms. Sherilyn K. Tavares, Deputy Corporation Counsel, Office of the Corporation Counsel, came forward. Mr. Ted H. S. Hong, Esquire, Legal Counsel for Mr. Jonah Kaye, Appellant, were already seated at the dais.) CHR. CABANAS: So, let me read the communication again —Communication number 24-14, received on September 12, 2024, from Ted H. S. Hong, Esquire, on behalf of Appellant appealing the following action by the County of Hawai`i's Fire Department —recruitment and examination. So, the individual has filed an appeal —named in the appeal are the Fire Chief Kazuo Todd and Assistant Chief Darwin Okinaka. And, Mr. Hong, this person has not indicated whether he would want an open hearing or a closed hearing? MR. HONG: Thank you, Madam Chair Page 9 Merit Appeals Board September 19, 2024 CHR. CABANAS: It's left blank on the appeal form Number 10, on the appeal form. MR. HONG: Yeah, I apologize. We would request an open hearing. CHR. CABANAS: Open hearing, okay. Thank you very much. Before we look at scheduling this appeal, the Chair needs to make a full disclosure, in that — having worked as the Recruitment and Examination Manager for the Department of Human Resources, both the Fire Chief Kazuo Todd and the Assistant Fire Chief Darwin Okinaka, have attended a number of my training sessions on interviewing and other HR matters. I, also, want to disclose that Mr. Okinaka is blood -related to me. I also want to disclose that my son, Bronson, is a Fire Equipment Operator with the Hawaii Fire Department and he's been there for the last 10 years. I feel that I can be objective hearing the appeal, but if there are any concerns or objections, please raise them now or state them now. MS. MATHEWS: I absolutely have no objections. CHR. CABANAS: Thank you, Ms. Mathews. Mr. Hong? Ms. Tavares? MR. HONG: We have no objections. Thank you for the disclosure. CHR. CABANAS: Thank you. MR. WISEMAN: Madam Chair? CHR. CABANAS: Yes, Mr. Wiseman. MR. WISEMAN: I absolutely have no objection, however, at the risk of being repetitive, I'd like to compliment the disclosure notice you gave and would like our U.S. Supreme Court, someday, to follow suit. Thank you. CHR. CABANAS: Thank you, Mr. Wiseman. Thank you, everyone. Ms. Tavares, I'm sorry, I didn't acknowledge you. MS. TAVARES: Thank you. The County has no objection to your continued sitting on this matter. CHR. CABANAS: Okay, thank you. Because if I did feel I would not be objectiveI would recuse myself. Page 10 Merit Appeals Board September 19, 2024 We're going to look at the date for Mr. Kaye's appeal. We were looking at November 26 h, but we chose November 26 h for Mr. Turner's appeal, who has been waiting pretty long. So, December the room here is available December 3rd, 9, and 10, 12, and 13our regular meeting is December 16. December 2 and 3oh, I'm sorry just December 3, 9, and 10, 12, 13, and our regular meeting is on the 16d'. You're not available the 1 Oh? SPEAKER: Yeah. MS. MATHEWS: I'm not available until the 13d'. CHR. CABANAS: Until the 13d'? MS. MATHEWS: Yeah, so you said 13' is available, that would be the first for me. CHR. CABANAS: Or we just meet on the regular meeting date, December 16d', which is a Monday. MS. TAVARES: I'm available at —any of those dates. CHR. CABANAS: Okay, great. Thank you, Ms. Tavares. Mr. Hong? MR. HONG: We're also available. Thank you. CHR. CABANAS: Thank you. Mr. Halvorson, are you available December 16d'? MR. HALVORSON: Yes. CHR. CABANAS: Thank you. Mr. Wiseman? MR. WISEMAN: Yes. CHR. CABANAS: Gay. MS. MATHEWS: (Inaudible.) MS. BOND: Yes. CHR. CABANAS: Ms. Bond, you are. And you want to pose the question to the Board? MS. MATHEWS: I, too, am concerned about the delays and I realize it's nobody's fault. But I still feel sorry for whoever's doing this. And what I was wondering —and, Mr. Hong, you're probably the only one that can really answer this —is do you think we could manage both of them on the same day? Page 11 Merit Appeals Board September 19, 2024 MS. BOND: On the 26 h? MS. MATHEWS: On the 26 h. MS. TAVARES: While Mr. Hong is thinking about that, I would just note that it's my understanding this appeal is not a full evidentiary hearing because we are just setting it for any kind of motions, so CHR. CABANAS: It's just to determine whether we have jurisdiction, right? MS. TAVARES: I will be available on that day, if he feels that we could do both of them at the same time. MR. HONG: Two pointsI agree with Ms. Tavares, but I would point out that this is similar to Mr. Tur—it's a similar case, in terms of Mr. Turner and the Fire Department. It's, again, the issue of somebody being appointed as the probationary employee, who's now saying they can't have the position because they cancelled the recruitment. So, my concern is whether or not we're going to be subjected to another motion or declaratory ruling to the Hawaii Labor Relations Board and how many times are we going to have to do this. So —'cause it's essentially the same issue. CHR. CABANAS: Ms. Tavares? MS. TAVARES: Well, the County disagrees with the underlying issue, although it does fall under recruitment and examination —is not my intention, at this time, to file directly with HLRB, if the Board so chooses to Sua sponte, make that determination based on our filings. I have no control over that, but that is not the intent of where we will be going with this particular appeal. MR. HONG: That's fine, then, I think we could do —take both on the 26 h, that would be, I think, the most efficient way to do it. CHR. CABANAS: Okay. MR. HALVORSON: Sorry, I cannot hear, Counsel. MR. HONG: Sorry. I said that I don't —sorry, Mr. Halvorson, I just said that I think the 26 h would be the most efficient way to do it. CHR. CABANAS: Okay. Having both Counsels provided their concerns, why don't we just schedule Mr. Kaye's hearing for November 26 h. Mr. Turner's will be first, and then Mr. Kaye's. Okay, go ahead. MS. MATHEWS: I move that we take both Turner and Kaye on November 26 h. Page 12 Merit Appeals Board September 19, 2024 MR. WISEMAN: I'll second that. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas —aye. Four ayes. Motion carried. So, Mr. Kaye's hearing will be held on November 26 h, following Mr. Turner's appeal hearing. MS. TAVARES: Thank you. CHR. CABANAS: Ms. Tavares? MS. BOND: Mr. Turner's is supposed to start at 9? CHR. CABANAS: Yes. MS. BOND: Okay. MS. TAVARES: Will the Board be providing us with deadlines for filing of motions? CHR. CABANAS: Yes. Thank you, Ms. Tavares, for reminding me. Okay. So, the hearing date for Mr. Kaye is November 26 h, and it will be immediately after Mr. Turner's appeal hearing. So, really, no time is set at this juncture, yeah? The location will be here, in the Hilo Council Chambers of the Hawaii County Building, at 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. Deadlines for the parties, Appellant and the County —October 22nd, 2024, deadline for parties to submit your positions statements limited to 20 pages regarding the preliminary issue of whether the Board has jurisdiction to hear the appeal —and this is deadline by 4:30 p.m. of October 22nd which is a Tuesday. Page 13 Merit Appeals Board September 19, 2024 This would only be a hearing on this issue and will not be on the merits of the appeal. Note that this deadline is 15-calendar days prior to November 6 h deadline, which is November 6 h, 2024, which is a Wednesday, it's a deadline for parties to respond this is your responsive pleadings and it's due close of business by 4:30 p.m. Note that this deadline is 20-calendar days prior to the November 26 h, 2024, hearing day. You will need to submit all documents to the Board's Secretary, which is Glynis, via email and regular mail or it can be hand -delivered —and to the opposing party, 1-copy only to the opposing parry. Inform well, I have to inform both parties, County and the Appellant, that MAB requires 1-original and 8-copies for all submittals. So, for each submittal, 1-original and 8-copies. The Appellant should number and tab your exhibits. The Appellee should alphabetize and tab your exhibits. MAB will send a certified letter to both the County and to the Appellant notifying you of the date, time, location, and the deadlines that I just mentioned. Mr. Hong? MR. HONG: Madam Chair, may I respectfully request that the deadline for October 22nd be postponed one week to the 29 h—and the reason is that, again, I'm going to be —I will be returning from my trip and my first day back in the office will be on the 21 st CHR. CABANAS: Okay. So, you're requesting to postpone it to October 29 h? MR. HONG: That's correct. CHR. CABANAS: That the deadline would be October 29 h. Ms. Tavares, any objections to that? MS. TAVARES: No. CHR. CABANAS: Okay. The November 6 h deadline is still okay to both parties? MR. HONG: Yes, thank you. CHR. CABANAS: Ms. Tavares? MS. TAVARES: Actually, being that we are pushing the deadline back for the original filings, I'm going to be out of town and returning on November 7 h CHR. CABANAS: Okay. Page 14 Merit Appeals Board September 19, 2024 MS. TAVARES: so I would just ask if we could, at least, have it till the following Monday, which would be the 11'? CHR. CABANAS: Yeah, that's Veterans Day, Ms. Tavares. You want to go to the 12t'? MS. TAVARES: I was putting the deadline on myself, but I understand for filing purposes, we need to be open. CHR. CABANAS: Yeah, and then to be fair to both sides MS. TAVARES: Yes. CHR. CABANAS: Mr. Hong and to you. Yeah, we don't want you to work on holiday. Okay, so November 12t' would be the deadline for both of you to do your responsive pleadings —and that's by 4:30 p.m. Mr. Hong, any objections to that? MR. HONG: No. Thank you. CHR. CABANAS: Okay. Very good. So, we're all good. Okay. MS. MATHEWS: May I make a suggestion? CHR. CABANAS: Yes, Ms. Mathews? MS. MATHEWS: Can we huh the Turner —Kaye —because Kaye is going to be a short period of time. Turner could have an open-end and can take much longer. CHR. CABANAS: That's true. MS. MATHEWS: And so, we've got somebody sitting out there— CHR. CABANAS: Waiting. MS. MATHEWS: —makes more sense that we switch the times. Does that work for you, Mr. Hong? Okay. MR. HONG: Yes, thank you. CHR. CABANAS: Okay, sooh, Ms. Tavares? MS. TAVARES: It's fine. CHR. CABANAS: It's okay? Page 15 Merit Appeals Board September 19, 2024 MS. TAVARES: Yeah. CHR. CABANAS: Okay, but then it affects Mr. Lee back there — MR. LEE: That's fine, it makes more sense. CHR. CABANAS: Okay, yes it does. It's more logical. We need to be logical. Okay, so for the record, I need a motion. MS. BOND: So moved. MS. MATHEWS: Second. CHR. CABANAS: Any discussion? Yes —so the motion is to switch the times of the November 26'h hearing —and I'm just recapping —okay, for everybody that Mr. Kaye's hearing be held first on November 26 h at 9 a.m. Following Mr. Kaye's hearing, then Mr. Turner's hearing will be held. And we have two different County attorneys, that's why I asked if it were okay. So, there's the motion and a second. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas —aye. Four ayes. Motion carried. MS. TAVARES: Thank you. CHR. CABANAS: I want to thank you, Ms. Tavares, and Mr. Hong. MR. HONG: Thank you. CHR. CABANAS: You're very welcome. And, Mr. Lee, thank you also. MS. MATHEWS: Bye. Have a good day, everybody. Page 16 Merit Appeals Board September 19, 2024 CHR. CABANAS: Have a good day. Approval of Minutes (Item 4) June 25, 2024 (Regular Session); And June 25, 2024 (Closed Session) (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4 And 92-5(a)(4), For The Purpose Of Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) June 25, 2024 (Regular Session) CHR. CABANAS: Okay, so we are now back on the agenda. "Approval of Minutes" for June 25'', 2024, the regular session of MAB's meeting. Has the Board members had the opportunity to review the meeting minutes? MS. MATHEWS: Yes. MS. BOND: Yes. CHR. CABANAS: Okay. May I have a motion to accept June 25, 2024, regular session meeting minutes? MS. MATHEWS: So, moved. MR. WISEMAN: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas —aye. Four ayes. Motion carried. Page 17 Merit Appeals Board September 19, 2024 Before I go on any further —Mr. Halvorson, I want to just thank you for your assistance with scheduling of the appeal hearings. I don't think there's anything else on our agenda that would require your sitting in at this point, unless you want to? MR. HALVORSON: Well —no. I appreciate your consideration. Thank you. CHR. CABANAS: Okay, so we'll see you soon. MR. HALVORSON: All right. CHR. CABANAS: Okay, aloha. MR. HALVORSON: Thank you, everybody. Good job. CHR. CABANAS: Thank you. June 25, 2024 (Closed Session) CHR. CABANAS: Okay, continuing on. So, we have the approval of minutes for June 25, 2024. This is the closed session of our meeting. Have you had the opportunity to review the minutes? MS. MATHEWS: Yes. CHR. CABANAS: Okay. May I have a motion to approve the meeting minutes? MS. MATHEWS: So moved. CHR. CABANAS: Is there a second? MS. BOND: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. Page 18 Merit Appeals Board September 19, 2024 CHR. CABANAS: Ms. Cabanas —aye. Four ayes. Motion carried. Review of Executive Session Minutes June 25, 2024 CHR. CABANAS: On the next on the agenda is the executive session meeting minutes for June 25, 2024. Have you all had the opportunity to review these meeting minutes? MS. MATHEWS: Yes. MR. WISEMAN: I move to adopt the executive meetings. CHR. CABANAS: Okay. MS. MATHEWS: Second. CHR. CABANAS: Thank you. Any discussion? I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas —aye. Four ayes. Motion carried. Page 19 Merit Appeals Board September 19, 2024 Director's Report (Item 8) MAB Monthly Divisional Activity Report: September 2024; And Departmental Staff Updates (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4 And 92-5(a)(4), For The Purpose Of Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) CHR. CABANAS: We are now on the "Director's Report." So, Ms. Tokihiro, if you could approach the dais and —Ms. Alika Kost is with her. (At this time, Ms. Sommer J. Tokihiro, Director, and Ms. Alika Kost, Human Resources Program Specialist, Human Resources Department, came forward.) CHR. CABANAS: So, welcome, Sommer, and welcome, Alika. MS. TOKIHIRO: Good morning. MAB Monthly Divisional Activity Report: September 2024 CHR. CABANAS: So, we have the "MAB Monthly Divisional Activity Report for September 2024." So, we'll do that firstor, unless you want to do the "Departmental Staff Updates" first? MS. TOKIHIRO: Yeah, if I could do the staff updates first. CHR. CABANAS: Okay. Sure. MS. TOKIHIRO: Thank you. Departmental Staff Updates MS. TOKIHIRO: So, I wanted to bring Alika to see you folks today. Alika has joined HR as the Program Specialist in our ADA/EOO position. So, we're very excited to have her. It's been difficult to recruit for and fill this position. So, we actually reallocated it down from the HR Manager to the Program Specialist to allow time for really in-depth training to get Alika up to speed on all of the laws and rules related to ADA. But we're happy to have her and I wanted her to come and meet the Board and see how this happens on a monthly basis. Did you have anything you wanted to share? Page 20 Merit Appeals Board September 19, 2024 CHR. CABANAS: Welcome, Alika. Alika and I worked together many times. Yeah. So, I'm glad to see that you are in the department. MS. KOST: Happy to be here. CHR. CABANAS: Board members, would you like to say a little bit about yourself so Alika can get acclimated? MS. MATHEWS: Sure, but I'd like to let Alika give us awhatever you'd like to say about your background. MS. KOST: Okay. So, I've been with the County of Hawaii for about 12almost 12 years, in the role of —in a few roles but the majority of the time I've been a Human Resource Program Specialist. I've worked in the Department of Public Works, and the Department of Environmental Management, and the Department of Parks and Recreation, as well as the Department of Human Resources as the HR Manager for the Personnel and Organizational Development Division. So, it's been great getting to know the different operations and different departments in the County, and I believe that that will help me in my new role here as well. MS. MATHEWS: Thank you —and that's exactly what I was looking for —was finding out your great expertise over all these years and the diversity. So, congratulations, Sommer MS. TOKIHIRO: Thank you. MS. MATHEWS: So, as you can probably tell, my name is Gay Mathews. And I'm a Honokaa girl. I was the —my last gainful employment was 28 years as CEO of the North Hawaii Community Federal Credit Union. I failed retirement and I'm now the Director of Philanthropy for a Global 501(c)(3) doing difficult things in challenging places. And I'm almost pau. I get kicked off at the end of December. So CHR. CABANAS: Thank you, Ms. Mathews. And thank you, Alika. Ms. Bond? MS. BOND: Hi. I'm Suzi Bond. I'm —let's seeI'm the Queen of Volunteers. I currently run an all -volunteer theater company the Kilauea Drama and Entertainment Network. I also am the Chair of the Hawaii County Citizen Corps Council and have worked for almost 20 years in disaster recovery and preparedness. And I'm the new kid on the block. I just started in May, so I still have no clue what's going on most of the time. I'm getting better, but it's still —it's a steep learning curve when you don't come from this actual background. So, it's been a good one. CHR. CABANAS: Thank you, Suzi. Page 21 Merit Appeals Board September 19, 2024 MS. BOND: You're welcomeI don't know what else to say. CHR. CABANAS: And, Mr. Wiseman, from Kailua-Kona. MR. WISEMAN: Yes. I'm a retired judge for the formerly United States Commonwealth of the Northern Mariana Islands, where I lived for 40 years, practiced law for 20, was a judge for 20 in the Commonwealth Trial Court, as well as a designated judge for the United States District Court for the Northern Mariana Islands. Been in Kona —although I've lived in Pahoa in 1975, moved here about eight years ago —after retirement. And I've Chaired the County Board of Ethics and was a membera former member, of the Board of Appeals for the County. CHR. CABANAS: Thank you, Mr. Wiseman. Well, Alika and I have worked together, so it's safe to say she knows me, I know her. So, thank you and welcome —and I hope you will enjoy this next journey in your long HR career, Alika. MS. KOST: Thank you very much. CHR. CABANAS: Thanks for bringing her, Sommer. MAB Monthly Divisional Activity Report: September 2024 CHR. CABANAS: So, Sommer, do you want to do your monthly divisional activity report in an open or closed session? MS. TOKIHIRO: I'd like to request a closed session. CHR. CABANAS: Closed —okay. So, we'll just do a little pause for the time being while Glynis secures the Council Chambers. I need a motion. MS. BOND: I move. MS. MATHEWS: I second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. Page 22 Merit Appeals Board September 19, 2024 CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas —aye. Four ayes. Motion carried for us to go into a closed session —and we'll pause for a few minutes. RECESS: The Chair called for a recess at 9:50 a.m. RECONVENE: At 10:22 a.m. the meeting reconvened in open session. MAB Monthly Divisional Activity Report: September 2024; And Departmental Staff Updates (Executive Session: The Merit Appeals Board Anticipates Convening One Or More Executive Meetings Regarding The Above Matters, Pursuant To HRS Sections 92-4 And 92-5(a)(4), For The Purpose Of Consulting With The Board's Attorney On Questions And Issues Pertaining To The Board's Powers, Duties, Privileges, Immunities, And Liabilities. A 2/3 Vote Pursuant To HRS Section 92-4 Is Necessary To Hold An Executive Meeting) CHR. CABANAS: So, okayso, may I have a motion to accept and file the Director's September 2024 Divisional Activity Report? MS. MATHEWS: So moved. MS. BOND: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas —aye. Four ayes. Motion carried. Thank you, Sommer. MS. TOKIHIRO: Thank you. Have a good day. Page 23 Merit Appeals Board September 19, 2024 CHR. CABANAS: You, too. MS. TOKIHIRO: I'll see you guys in a month. CHR. CABANAS: Yes. Oh, yes, in two weeks October 4 h. MS. TOKIHIRO: Oh, okay —two weeks, I'll see you then. Communications (Item 6) Communication No. 24-14: Received On September 12, 2024, From Mr. Ted H. S. Hong, Esquire, On Behalf Of Appellant, Appealing The Following Action By The County Of Hawai`i's Fire Department: Recruitment And Examination (Board Action Required. Settinz A Hearinz Date And Deadlines For Submittal Of Documents) (Previously, taken out of order.) New Business (Item 7) CHR. CABANAS: Okay. So, we have no "New Business." Unfinished Business (Item 8) CHR. CABANAS: And no "Unfinished Business." Announcements (Item 9) CHR. CABANAS: Any "Announcements?" MS. BOND: Yeah, the Civil Defense is doing another Emergency Preparedness Fair up in Waimea on the 28 h of September, from 10 to 2-'cause I had nothing else to do with my day, so let's do this. Uh-oh, didn't have my sarcastic font on. Anyway, so, there'll be prizes and give -a -ways and lots of information. The wildfire people are going to be there, the HELCo will talk about its turning off the power thing —whatever they call that. Yeah, it'll be a fun day —come, hang out. CHR. CABANAS: Okay, thank you. MR. WISEMAN: Madam Chair? CHR. CABANAS: Yes, Mr. Wiseman? Page 24 Merit Appeals Board September 19, 2024 MR. WISEMAN: Yeah, I have one concern —in reading all the communications, the one that seems to beI don't know, if it's a factor, then disregard but the "Certificates of Service" even in court filingsI mean, they have no significance unless a party doesn't show up —something like that —says he's not served. But to have to read all those, it seems like, to me, it's a waste of time. CHR. CABANAS: I know, it does take a lot of time but I have to defer to our Legal Counsel, J. MR. WISEMAN: Yeah. I mean, there are definitely relevant communications that have to be read —appeals and filings —but certificates of service, I mean, they can really fill up a file and they have no future use once someone shows up or there's a hearing or a filing or something. Anyway, I'll defer it to J. CHR. CABANAS: Does that have to be agendized later —no? Okay, we'll look into it. Thank you, David. Any other — MR. WISEMAN: I'll make a motion to adjourn? CHR. CABANAS: Yes —well, I just need to read the next meeting date, for the record. Schedule Next Meeting Date (Item 10) The Merit Appeals Board Will Convene Its Next Meeting On Friday, October 4, 2024, At 9:00 A.M., At The Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, Hilo, HI 96720 CHR. CABANAS: So, the Merit Appeals Board will convene its next meeting on Friday, October 4, 2024, at 9 a.m., at the Hilo Council Chambers, Hawaii County Building, 25 Aupuni Street, First Floor, Room 1401, in Hilo, Hawaii. Adiournment (Item 11) CHR. CABANAS: May I have a motion to adjourn? MS. MATHEWS: So moved. MR. WISEMAN: Motion to adjourn. CHR. CABANAS: Is there a second? MS. BOND: Second. CHR. CABANAS: Thank you. Any discussion? If not, I'll start a rollcall vote with Ms. Mathews. Page 25 Merit Appeals Board September 19,2024 MS. MATHEWS: Aye. CHR. CABANAS: Ms. Bond. MS. BOND: Aye. CHR. CABANAS: Mr. Wiseman. MR. WISEMAN: Aye. CHR. CABANAS: Ms. Cabanas—aye. Four ayes. Motion carried. Meeting is adjourned at 10:26 a.m. Thank you, everybody, have a good day. Respectfully submitted, Glynis amada, Secretary-Reporter APPROVED: et 14 CL) ' 'l ' l..Ll f/4141 LCt S-' Gabriella M. Cabanas, Chair Merit Appeals Board Page 26